Court No. - 53
Case :- CRIMINAL MISC. WRIT PETITION No. - 11091 of 2019 Petitioner :- Nisha And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Sharan Tomar Counsel for Respondent :- G.A.
Hon'ble Pankaj Naqvi,J. Hon'ble Umesh Kumar,J.
Heard Sri Asish Dwivedi, holding brief of Sri Rohit Sharan Tomar, for the petitioners and the learned A.G.A.
The relief sought in this petition is for quashing of the F.I.R. dated 13.4.2019, registered as Case Crime No.0193/2019, under Sections 363/366 IPC, P.S. Milak, Rampur.
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the present case. The allegations levelled against them are absolutely false, frivolous and baseless, the FIR is liable to be quashed.
The learned A.G.A has opposed the submission on the ground that cognizable offences are made out as well as victim is aged about 14 years as per FIR allegations.
The Full Bench of this Court in Ajit Singh @ Muraha v. State of U.P. (2006 (56) ACC 433) reiterated the view taken by the earlier Full Bench in Satya Pal v. State of U.P. (2000 Cr.L.J. 569) after considering the various decisions including State of Haryana v. Bhajan Lal (AIR 1992 SC 604) that there can be no interference with the investigation or order staying arrest unless cognizable offence is not ex-facie discernible from the allegations contained in the F.I.R. or there is any statutory restriction operating on the power of the Police to investigate a case.
From the perusal of the FIR, prima facie it cannot be said that no cognizable offence is made out. Hence, no ground exists for quashing of the F.I.R. or staying the arrest of the petitioner.
The writ petition is, accordingly, dismissed.
Order Date :- 26.4.2019 Chandra